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(영문) 광주고등법원 2015.01.14 2014나1668

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff served as the representative director of Q Q from October 12, 2002 to March 31, 2008. The plaintiff is referred only to the remaining trade names after deducting the stock company.

A) A person who actually operated P and Q established P and Q in around 1998 and operated them as a joint representative director. From around 2004, by means of lending, etc. to Q with operating funds, such as employees’ benefits, loan interest, building rent, etc., Q recovered money with only some of the funds given around 2005, and did not provide operational funds to be used for employees’ benefits. 2) The Defendant is an attorney-at-law who acts on behalf of the Plaintiff, etc., as seen below.

3) P is a representative director of Q from November 2, 1998 to November 2, 2001, and from March 2002 to August 1, 2006, and from March 1, 2002 to August 1, 2006, P is a stock company U (hereinafter “U”) from March 12, 2003 to February 26, 2007.

A) A person who has served as a representative director is currently serving as the representative director of Q from around 2001 to around 2006. D is a person who has served as a director of Q from May 12, 2008, as a director of Q’s general affairs bureau from March 12, 2003, as U’s auditor from March 12, 2003, and P is a person in charge of R’s legal affairs, such as R, etc. B. The Plaintiff’s establishment and stock title trust Plaintiff established a golf course and operated it in around 203, and formulated a plan to provide Q’s operating funds with profits from the construction and operation of the golf course. The Plaintiff’s establishment and stock title trust Plaintiff shall take over 50,000 shares issued on March 6, 200, and make payment of 500,000 won in total amount of shares acquired, and shall be changed to HA’s corporate name (hereinafter “H”).

In establishing a corporation, 50,000 shares of the above 50,000 shares shall apply.